1. User Agreement:
This website www.iamnirvana.com is owned and independently operated by Nirvana Arts Pvt Ltd, an India based company incorporated under the Indian Companies Act of 1956, owners of the “Nirvana” trade mark and intellectual property relating to the ‘Nirvana’ brand. Nirvana Arts Pvt Ltd may be referred to by full name or as NAPL or ‘We’. Your use of this website confirms your agreement to follow these rules and to be bound by them. Nirvana Arts Pvt Ltd reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they are change.
By electronically accepting this agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
THIS AGREEMENT is between Nirvana Arts Pvt Ltd a company incorporated under the Indian Companies Act, 1956 and having its registered office at Meera Govind, Airport Road, Chicalim Goa, India. 403711(hereinafter called “Nirvana Arts Pvt Ltd”) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and you, the user of the website and websites operated by Nirvana Arts Pvt Ltd as a website visitor or as a person intending to make a purchase or actually making a purchase on one or more of our websites which are owned , fully or partially by Nirvana Arts Pvt Ltd or operated by Nirvana Arts Pvt Ltd as a license.
By using this website you declare and agree that you have the full power and authority to make, enter into a transaction with Nirvana Arts Pvt Ltd and that you are over 18 years of age and are legally competent to enter into an agreement.
This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 10th May 2012. Nirvana T-Shirts is a site owned and managed by Nirvana Arts Pvt. Ltd., a company incorporated under Companies Act, 1956 with a registered office at Meera Govind, Airport Road, Chicalim, Goa, India 403711.
By using the Website in any manner, including but not limited to visiting or browsing the Website, you (the “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink. This Agreement applies to all users of the Website.
‘You’ shall also mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepting this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘Acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘Confirm Registration’ as provided on the registration page or such other actions that implies your acceptance.
3. Modification of Terms:
iamnirvana.com reserves the right to change this Website and these terms and conditions at any time, so please review the policies frequently.
Nirvana T-Shirts may amend this User Agreement and/or Nirvana T-Shirts Rules and Policies at any time by posting a revised version on the Website.
4. Membership Eligibility
Adults and Loaded. The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Nirvana T-shirts for any reason. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18, who too are loaded. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that Nirvana T-Shirts shall not be held responsible for any damages incurred by non-commitment to this policy. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company account at the end of each session. You agree to notify Nirvana T-shirts immediately of any unauthorized use of your account or any other breach of security. Nirvana T-Shirts reserves the right to terminate your membership.
Nirvana T-Shirts may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
5. Electronic Communications
When You use the Website or send e-mails or other data, information or communication to Nirvana T-Shirts, You agree and understand that You are communicating with Nirvana T-Shirts through electronic records and You consent to receive communications via electronic records from Nirvana T-Shirts periodically and as and when required. Nirvana T-Shirts will communicate with You by e-mail or electronic records on the Nirvana T-Shirts Website which will be deemed adequate service of notice / electronic record.
By purchasing an item you agree to be bound by the conditions of sale included in the item’s description.
As buyer, you must ensure that you are legally able to buy any item that you purchase on the site.
Nirvana T-Shirts is not responsible for the side effects one might endure by use of any item bought through the Website.
Beware Nirvana T-Shirts strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Wilfully entering erroneous or fictitious purchases may result in prosecution by Nirvana T-Shirts and may also attract your name being deleted from your grandfathers will.
Please be aware that even if you do not give Nirvana T-Shirts your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You…pin you down and prosecute…kanoon ke haath lambe hote hai bacche.
7.1 Cancellation by Nirvana T-Shirts.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by Nirvana T-Shirts
7.2. Cancellation by the Customer
In case of requests for order cancellations, Nirvana T-Shirts reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. Nirvana T-Shirts has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Nirvana T-Shirts and accept Nirvana T-Shirts decision regarding the cancellation. In the event of cancellation of order by the customer Nirvana T-Shirts shall not refund the voucher, if any used against such order.
We hereby do not assure the exactness as to the finish and appearance of the final product as proposed by the Site and also as purchased by the buyer. The product colour may vary minimally from the visual representation on the website. If for any reason you do not wish to use the product you may return it back to Nirvana Arts Pvt Ltd as per our return policy. Please note our product are a piece of art and manufacturing abnormalities if any, are not by intent but by divine order. We do it with a passion to liberate the spirit. In case you have reservation, get in touch and we will convince you as to why you need to buy another one and be convinced that the first one was truly a piece of art and not manufacturing fault.
Shipping of products will be done by the method indicated in the order. If for any reason Nirvana T-Shirts decides to send the product using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.
Once you place an order with Nirvana T-Shirts, you cannot cancel this order once it is processed unless done within 24 hrs. You will need to return the product to Nirvana T-Shirts once you received it. Returns must comply with the return conditions as given on our website.
We encourage registered buyers on the Website to provide feedback after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/seller. You can use our like & unlike buttons below each design. You can also mail us the comments in the comment box provided at every transaction.
12. Credit card details
You agree, understand and confirm that the credit card details provided by you for availing of services on Nirvana T-Shirts will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Nirvana T-Shirts. Further the said information will not be utilized and shared by Nirvana T-Shirts with any of the third parties unless required for fraud verifications or by law, regulation or court order. Nirvana T-Shirts will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Nirvana T-Shirts reserves the right to collect taxes for shipping charges wherever applicable.
14. Offer and Schemes/Voucher Redemption/Contest:
Nirvana T-Shirts reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Nirvana T-Shirts at its discretion can withdraw a particular scheme from the website or market. In case of any query please contact us on firstname.lastname@example.org
Nirvana T-Shirts shall introduce various offers, schemes or contest (“Contest”) at different times. The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
While participating in the Nirvana T-Shirts Contest you hereby agree to release and hold Nirvana T-Shirts (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
15. Proprietary Rights Including Copyright and Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Nirvana Arts Pvt. Ltd. Users are prohibited from using any Marks for any purpose without the written permission of Nirvana T-Shirts. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of Iamnirvana.com. Nirvana T-Shirts reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or need of the community. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
All material on the Website owned, operated, licensed or controlled by us is solely for our personal use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose is a violation of the copyrights, trademarks and other proprietary rights in such material, and is prohibited.
Nirvana Arts Pvt Ltd owns the Website and shall retain all intellectual property rights and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site does not transfer any of the intellectual property related to the products, their design or concepts to you.
You shall indemnify and hold harmless Nirvana T-Shirts and Nirvana Arts Pvt. Ltd. and (as applicable), affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement, Nirvana T-Shirts Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
17. Limitation of Liability
Nirvana T-Shirts Ltd shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
In no event shall Nirvana T-Shirts or its affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising under, out of, or in connection with, the Website, its services or this Agreement (including tortuous claims arising thereof). Nirvana T-Shirts is in the business of creating internet retail platforms that enables Nirvana to sell products & services directly to consumers. The liability of Nirvana Arts Pvt Ltd under this agreement is limited to a maximum of the value of the product purchased from Nirvana T-Shirts plus shipping charges that may have been charged. Under no circumstances shall Nirvana T-Shirts be liable for any direct or indirect costs incurred by you for any reason related to the purchase or intended purchase of products and services on sites operated by Nirvana T-Shirts.
Consequently, Nirvana T-Shirts assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website, which are incorporated by way of reference in this Agreement. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nirvana T-Shirts has been advised of the possibility of such damages).
Nirvana T-Shirts will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
Nirvana T-Shirts is not responsible for any consequences that arise from the use of the product. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products.
18. Termination and Survival of Terms after Agreement Ends:
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
Unless otherwise explicitly stated, notices to Nirvana T-Shirts must be sent by mail or email to M/s Nirvana Arts Pvt. Ltd, Meera Govind, Airport Road, Chicalim, Goa (India) or feedback@Nirvanatshirts.com.Notices to you will be sent to the e-mail address or mail provided by you during the registration process.
In the event that any transaction or attempted transaction relating to any item, good or service which violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Nirvana T-Shirts of the same.
This Agreement sets forth the complete and entire understanding and agreement between You and Nirvana T-Shirts with respect to the subject matter hereof.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not attempt to or circumvent or manipulate our fee structure, the billing process or fees owed to Nirvana T-Shirts.